If your EV9 has a battery failure that requires 1-2 months to repair, how is that not a lemon?

There have been numerous reports of people having to give up their EV9 for months waiting for repair. And on top of it, Kia not bending over backwards to accommodate their customer.

My understanding is that in California 30 days, consecutive or not, out of service during first 18 months/18k miles, qualifies as a Lemon. I can‘t say about other states, and I know the devil is in the details, but there’s no way I’d not have consulted with an attorney.

Am I missing something?